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HomeMy WebLinkAbout1998-01-06; City Council; 14507; Drive-Thru Restaurant Prohibitionc”Y OF CARLSBAD - AGEUs)A BILL - DRIVE-THRU RESTAURANT PROHIBITION ZCA 97-02/LCPA 97-OllZCA 97-03fLCPA 97-07 RECOMMENDED ACTION: Adopt Ordinance No. NS-439, amending Title 21 of the Carlsbad Municipal Code to define and prohibit Drive-Thru Restaurants in all zones in the City of Carlsbad. ITEM EXPLANATION Ordinance No. NS-439 was introduced and first read at the City Council meeting held on December 16, 1997. The second reading allows the City Council to adopt the ordinance which would then become effective in thirty days, except that, if necessary, the effective date of the Ordinance within the Coastal Zone shall be the date of final Coastal Commission approval. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 14,494 on file with the City Clerk. EXHIBITS 1. Ordinance No. NS-439. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - I ORDINANCE NO. NS-439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO DEFINE AND PROHIBIT IN ALL ZONES. DRIVE-THRU RESTAURANTS WHEREAS, on June 3, 1997, the City Council adopted Resolution No. 97-474 directing the Planning Director to prepare a potential prohibition of drive-thru restaurants from all zones in the City; and WHEREAS, the Planning Commission and Design Review Board held a duly noticed joint public hearing, on September 17, 1997 as prescribed by law to consider said prohibition; and WHEREAS, the City Council did on December 2, 1997 hold a duly noticed public hearing as prescribed by law to consider said prohibition; and WHEREAS, the City Council finds there are sufficient drive-thru restaurants in the City to serve existing and future needs at this time; and WHEREAS, further expansions and approvals of drive-thru restaurants do not ensure safe traffic circulation and can lead to traffic congestion, circulation and parking problems; and WHEREAS, drive-thru restaurants may be detrimental to the quality of life, including the scenic quality of life in the City of Carlsbad, and otherwise inconsistent with its general welfare; and WHEREAS, the Council finds that drive-thru restaurants do not protect the residential character of the community; and WHEREAS, this action does not deny a landowner other reasonable, proper, lawful and economic uses of that property; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I WHEREAS, it is not the intent of the City Council to restrict, amend or prohibit 1 other lawful uses which may exist on a larger parcel, a portion of which contains a drive-thru 1 restaurant; and I WHEREAS, the City Council does not intend this action to affect or impact existing lawful drive-k-u restaurants; and WHEREAS, it will further allow the City Council to determine at a later date whether or not it is necessary or desirable to review, modify or amend this prohibition, NOW, therefore, the City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.04, Section 21.04.109 is added to the Carlsbad Municipal Code to read as follows: “21.04.109. Drive-thru Restaurant. “Drive-k-u Restaurant” means a restaurant that has a drive-k-u lane to serve customers in motor vehicles.” SECTION 2: That Title 21, Chapter 21.26, Section 21.26.010(22) is amended to read as follows: “21.26.010(22). (22) Restaurants (excluding drive-thru restaurants), tea rooms or cafes (excluding dancing or entertainment and on-sale liquor);” SECTION 3: That Title 21, Chapter 21.26, Section 21.26.020(l) is amended to read as follows: “21.26.020(l). (1) All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations and nurseries for sale of plants and flowers and similar enterprises customarily conducted in the open;” SECTION 4: That Title 21, Chapter 21.27, Section 21.27.030(4) is amended to read as follows: “2 1.27.030(4). -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - (4) Restaurants (except drive-thru Restaurants);” SECTION 5: That Title 21, Chapter 21.27, Section 21.27.030(6) is amended to read as follows: “21.27.030(6). (6) Drive&r-u facilities (except drive-thru restaurants);” SECTION 6: That Title 21, Chapter 21.28, Section 21.28.020(l) is amended to read as follows: “21.28.020(l). (1) All uses shall be conducted wholly within a building except such uses as gasoline stations, electrical transformer substations and horticultural nurseries, and similar enterprises customarily conducted in the open.” SECTION 7: That Title 21, Chapter 21.29, Section 21.29.030(3) is amended to read as follows: “21.29.030(3). (3 Restaurants (with the exception of drive-thru restaurants);” SECTION 8: That Title 21, Chapter 21.29, of the Carlsbad Municipal Code is amended by the deletion of subdivision (5) and renumbering of subdivision (6) to subdivision (5) of Section 21.29.050, to read as follows: “2 1.29.050(5). (5) Bed and breakfast uses.” SECTION 9: That Title 21, Chapter 21.30, Section 21.30.020(2) is amended to read as follows: “21.30.020(2L (2) Ah uses shall be conducted wholly within a completely enclosed building, or within an area enclosed on all sides with a solid wall or uniformly painted fence not less than five feet in height, except such uses as gasoline stations, electrical transformer substations and horticultural nurseries, and similar enterprises customarily conducted in the open, provided such exclusion shall not include storage yards, contractor’s yards and like uses;” SECTION 10: That Title 21, Chapter 21.34, Section 21.34.030(l) is amended to read as follows: -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “21.34.030(l). (1) Eating and drinking establishments (with the exception of drive-k-u restaurants)” SECTION 11: That Title 21, Chapter 21.35, Section 21.35.020 is amended to read as follows: “21.35.020. Incorporation of redevelonment nlan and village master plan and design manual bv reference. The Carlsbad Village Area Redevelopment Plan as adopted by Carlsbad City Council Ordinance No. 9591 on July 2 1, 197 1, and the Village Master Plan and Design Manual as adopted by Carlsbad Housing and Redevelopment Commission Resolution No. 271 on November 21, 1995, and modified by Carlsbad Housing and Redevelopment Commission Resolutions No. 280 on August 13, 1996, and No . 2 9 I , are hereby adopted by reference and incorporated into this chapter.” SECTION 12: That Title 21, Chapter 21.42, Section 21.42.010(5)(N) is amended to read as follows: “21.42.010.(5)(N). (N) Drive-k-u business or drive-thru facilities to existing businesses except drive- thru restaurants which are prohibited from all zones in the City including coastal zone properties. The drive-thru restaurant prohibition applies Citywide to all existing and proposed specific plans, master plans, and related amendments. Drive-thru restaurants that are either existing or have received final approvals on the effective date of this ordinance are allowed to continue in existence subject to the terms and conditions of this Code and the Conditional Use Permit or . . . -4- c I . e 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 23 24 25 26 27 28 other discretionary permit permitting them and may apply for and may be granted CUP extensions under this Code.” EFFECTIVE DATE: The ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation within fifteen days after its adoption, except that, zfnecessary within the Coastal Zone the effective date of this ordinance shall be the date offinal Coastal Commission approval of this ordinance. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 16th day of December , 1997, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 6th day of January , 1998, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin NOES: Council Members Finnila, Hall ABSENT: None ALETHMUTEWNZ, City Clerk (SEAL) v KAREN R. KUNDTZ, Assistant City Clerk -5-